Lawsuit To Test Federal Law On Accessing Records

A Florida Highway Patrol trooper who pulled over a Miami police officer for speeding in 2011 has filed a lawsuit claiming 88 officers illegally accessed her driver’s license records, most likely to harass her for making the car stop. The lawsuit has put a spotlight on a federal law that provides a penalty of $2,500 for each illegal access of a person’s driver’s license record, and has implications for routine queries by law enforcement officers or dispatchers. Trooper Donna Watts pulled over Miami police officer Fausto Lopez as he drove 120 mph in a police car and in uniform. Lopez was enroute to an off-duty job authorized by his agency. Watts handcuffed Lopez and cited him, and the incident became the top news in Florida after Lopez was fired. Watts suddenly began receiving threats and intimidating communications from persons that Watts believes are law enforcement officers. She eventually learned some officers were accessing her driver’s license record while on-duty. She retained an attorney, subpoenaed state records and learned that 88 officers had run her driver’s license record. In response to her lawsuit several officers have said they ran Watts’ record to help protect her from the threats. Groups that represent police agencies say the federal law doesn’t cover the situation and the $2,500 penalty is too severe. The U.S. Department of Justice has filed a brief with the court supporting the law. Read more about the lawsuit here, and download (pdf) the original lawsuit complaint here.